Disposed

Surendra Singh Sajwan v. State of Uttarakhand Primary and Secondary Education through Secretary

Uttarakhand HC6 Jul 2022WPSS/2463/2019

Case brief

AI extract

What is this about?

The single judge disposed of a writ petition challenging a teacher's transfer contrary to N.C.C. guidelines. The court dismissed the petition but granted liberty to make a representation to the competent authority under the relevant Government Order.

What did the court decide?

Writ petition disposed with liberty to make a representation to Competent Authority within two weeks for a decision within six weeks.

SL.
No

Date

Office Notes,
reports, orders or
proceedings or
directions and
Registrar’s order
with Signatures

COURT’S OR JUDGES’S ORDERS

WPSS No. 2463 of 2019
Hon’ble Man oj Ku m ar Tiw ar i, J.

Mr.
M.S.
Pal,
Senior
Advocate,

assisted
by
Mr.
Sachin
and
Mr.

Vikramaditya
Sah,
Advocates
for
the
petitioner.

Mr. P.C. Bisht, Additional C.S.C. for

the State of Uttarakhand.

Heard
learned
counsel
for
the

parties.
Petitioner is serving as Assistant

Teacher,
L.T.
Grade
(Maths)
in
a

Government
Inter
College.
By
the

impugned order dated 25.06.2019, he

was transferred from Government Inter

College,
Barauri,
Tehri
Garhwal
to

Government Inter College, Silari (Pratap

Nagar),
Tehri
Garhwal.
Petitioner

challenged the said transfer order by filing

WPSS No. 1640 of 2019, which was

disposed of by a Co-ordinate Bench of this

Court with a direction to Competent
Authority to take decision on petitioner’s
representation. Petitioner’s representation

was considered and rejected. Thus,

feeling aggrieved by the rejection order,
this writ petition was filed challenging the
transfer order as well as rejection order. The sole contention raised on behalf
of the petitioner is that since petitioner is
a N.C.C. Trained Officer and he was
holding the charge of N.C.C. Officer in
Government Inter College, Barauri,
therefore, he could not have been
transferred to an institution, where there
is no N.C.C. Petitioner has placed reliance upon a
Government Order dated 25.07.2018,
which provides that a N.C.C. Trained
Teacher shall ordinarily be transferred to
an institution where N.C.C. is there. This writ petition was filed in the
year 2019 and a Co-ordinate Bench of this
Court had stayed the transfer order
passed in respect of the petitioner on
13.11.2019. Thus, nearly three years
have gone by since passing of the interim
order. No useful purpose would be served
by keeping this writ petition pending, as
petitioner has served for more than
normal duration of posting at Government
Inter College, Barauri.
Having regard to the facts &

feeling aggrieved by the rejection order,

this writ petition was filed challenging the

transfer order as well as rejection order.
The sole contention raised on behalf

of the petitioner is that since petitioner is

a N.C.C. Trained Officer and he was

holding the charge of N.C.C. Officer in

Government
Inter
College,
Barauri,

therefore,
he
could
not
have
been

transferred to an institution, where there

is no N.C.C.
Petitioner has placed reliance upon a

Government
Order
dated
25.07.2018,

which provides that a N.C.C. Trained

Teacher shall ordinarily be transferred to

an institution where N.C.C. is there.
This writ petition was filed in the

year 2019 and a Co-ordinate Bench of this

Court had stayed the transfer order

passed in respect of the petitioner on

13.11.2019. Thus, nearly three years

have gone by since passing of the interim

order. No useful purpose would be served

by keeping this writ petition pending, as

petitioner has served for more than

normal duration of posting at Government

Inter College, Barauri.

Having
regard
to
the
facts
&

circumstances of the case, the writ
petition is disposed of with liberty to
petitioner to make representation in the
light of Government Order dated
25.07.2018 to Competent Authority,
within two weeks from today. If such
representation is made within the
stipulated period, decision thereupon shall
be taken within six weeks’ from the date of receipt of representation alongwith certified copy of the order.
( Man oj Ku m ar Tiw ar i, J.) 06.07.2022 Arpan

circumstances
of
the
case,
the
writ

petition is disposed of with liberty to

petitioner to make representation in the

light
of
Government
Order
dated

25.07.2018
to
Competent
Authority,

within two weeks from today. If such

representation
is
made
within
the

stipulated period, decision thereupon shall

be taken within six weeks’ from the date
of receipt of representation alongwith
certified copy of the order.

( Man oj Ku m ar Tiw ar i, J.)
06.07.2022
Arpan

Surendra Singh Sajwan v. State of Uttarakhand Primary and Secondary Education through Secretary

Case brief

What is this about?

What did the court decide?

Surendra Singh Sajwan v. State of Uttarakhand Primary and Secondary Education through Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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